Delhi High Court - Orders
Smt. Meera Gupta And Ors vs The Government Of Nct Of Delhi And Ors on 3 November, 2022
Author: Chandra Dhari Singh
Bench: Chandra Dhari Singh
$~9
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 8549/2019, CM APPL. 35365/2019, CM APPL. 35367/2019
& CM APPL. 14197/2022
SMT. MEERA GUPTA AND ORS ..... Petitioners
Through: Mr. Varun Goswami and Mr. Rajesh
Singh, Advocates
versus
THE GOVERNMENT OF NCT OF DELHI AND ORS.
..... Respondents
Through: Mr. Anupam Srivastava, ASC for
GNCTD with Mr. Ujjwal Malhotra
and Ms. Sarita Pandey, Advocates for
R-1 and 3
Mr. Nirvikar Verma, Advocate for R-
2/UOI
CORAM:
HON'BLE MR. JUSTICE CHANDRA DHARI SINGH
ORDER
% 03.11.2022
1. By way of instant writ petition under Article 226 of the Constitution of India, the petitioners seek the following reliefs:-
"a) Issue a writ of Mandamus or any other writ, order or direction of like nature whereby directing the respondents, specially respondents no. 1 & 3 to follow the dictum of this Hon'ble Court as laid down in the matter of WP (C) 4143/2003 titled as ''Smt. Indu Khorana Vs. Gram Sabha & Ors" and to further comply with the Delhi Gazette notification dated 16.05.2017 issued under the provisions of Section 507 (a) of Signature Not Verified Digitally Signed By:GAURAV SHARMA Signing Date:04.11.2022 17:41:57 the Delhi Municipal Corporation Act, 1957, by Department of Urban Development, Govt. of NCT of Delhi, whereby the lands situated in the Village Jindpur (Zindpur), Budhpur-Bijapur, and Alipur are declared urbanized and thus fall beyond the purview of the provisions of Delhi Land Reforms Act, 1954.
b) Issue a writ of Prohibition or any other writ, order or direction of like nature whereby prohibiting the respondents, specially respondents no. 1 & 3 to not to initiate any proceedings against the petitioners qua their subject lands under the provisions of Delhi Land Reforms Act, 1954; as the said provisions stand ousted in terms of the notification dated 16.05.2017 issued by Department of Urban Development, Govt. of NCT of Delhi.
c) Issue a writ of Mandamus or any other writ, order or direction of like nature whereby the respondents no. 1 & 2 be directed to issue necessary order by way of circulars/memorandums to all the concerned revenue authorities with the state of Delhi to not to initiate proceedings invoking the provisions of Delhi Land Reforms Act, 1954, in respect of the lands that have been declared urbanized and thus have cease to fall within the jurisdiction of the revenue authorities..."
2. Mr. Srivastava, learned counsel appearing on behalf of respondents no. 1 and 3 vehemently submitted that impugned notice dated 10 th July, 2019, appended as Annexure- I (colly) to the petition, was issued by the respondent no. 3-the Revenue Assistant/SDM in the capacity of the Chairman of the Special Task Force (hereinafter "STF") constituted under the order of the Lieutenant Governor.
3. At this stage, learned counsel appearing on behalf of the petitioners seeks an innocuous prayer to approach the respondent no. 3-the Revenue Assistant/SDM for expeditious disposal of his case. For this purpose, Signature Not Verified Digitally Signed By:GAURAV SHARMA Signing Date:04.11.2022 17:41:57 learned counsel appearing on behalf of petitioners prays that the petitioners may be allowed to file a detailed representation before the respondent no. 3- the Revenue Assistant/SDM (Chairman of STF). It is also prayed that direction may be given to the respondents not to take any coercive steps against the petitioners in terms of the impugned notice dated 10 th July, 2019.
4. Heard learned counsel for the parties and perused the record.
5. After perusal of the record, submissions made by learned counsel for the respondents no. 1 and 3 that the impugned notice dated 10th July, 2019 was issued by the respondent no. 3-the Revenue Assistant/SDM in the capacity of the Chairman of the STF constituted under the order of the Lieutenant Governor as well as the innocuous prayer made on behalf of the petitioners, this Court is inclined to allow the prayer of the petitioners.
6. The petitioners are directed to file a detailed representation alongwith certified copy of this order before the Chairman of the STF (the Revenue Assistant/SDM, Alipur) within four weeks from today. After receiving the said representation, the Chairman of the STF (the Revenue Assistant/SDM, Alipur) is directed to give an opportunity of hearing to the petitioners and thereafter pass a speaking order in accordance with law, expeditiously, preferably within six months.
7. Both the parties shall maintain status quo regarding the land in question till the disposal of the said representation. Also, no coercive steps shall be taken against the petitioners till the disposal of the said representation. It is also directed that the petitioners shall withdraw entire proceedings pending before the Financial Commissioner qua the impugned notice dated 10th July, 2019 within two weeks from today.
8. With the aforesaid directions, the petition alongwith pending Signature Not Verified Digitally Signed By:GAURAV SHARMA Signing Date:04.11.2022 17:41:57 application stand disposed of.
CHANDRA DHARI SINGH, J NOVEMBER 3, 2022 Dy/ms Signature Not Verified Digitally Signed By:GAURAV SHARMA Signing Date:04.11.2022 17:41:57